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Orissa High Court

Sk. Rihan @ Sk. Rehan vs State Of Odisha .... Opp. Party on 11 May, 2023

Author: Chittaranjan Dash

Bench: Chittaranjan Dash

                  IN THE HIGH COURT OF ORISSA AT CUTTACK

                                 ABLAPL No. 4362 of 2023

               Sk. Rihan @ Sk. Rehan                   ....           Petitioner
                                                      Mr. A.R. Panda, Advocate
                                           -versus-

               State of Odisha                         ....            Opp. Party
                                                            Mr. S. Patra, A.S.C.

                        CORAM:
                        JUSTICE CHITTARANJAN DASH


                                      ORDER

Order No. 11.05.2023

01. 1. Heard learned counsel for the Petitioner and the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for his alleged involvement in the offences U/s. 498-A/344/294/323/326/354/376/506/34 of IPC and Section-4 of D.P. Act..

3. Keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the material on record and further the circumstances appearing, the seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, the petitioner is at liberty to surrender before the learned J.M.F.C., Chandikhole in Dharmasala P.S. case No. 684 of 2022 corresponding to C.T. Case No. 1998 of 2022 within three weeks from today and moves for bail the learned court in seisin over the matter shall consider the bail application of the Petitioner in the first hour of the day, strictly on the basis of the materials available on record in its own merit.

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4. In case of rejection of the bail application by the learned court, the Petitioner may move for bail before the higher forum in the second hour of the same day. In that event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day on its own merit.

5. Case diary be made available to the learned courts below as far as possible to facilitate disposal of the bail application of the Petitioner preferably on the same day, if there be no other legal impediment.

6. In any case, the court shall apply its own wisdom in dealing with the application for bail in allowing or rejecting it. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge BIJAY Digitally signed by BIJAY KETAN KETAN SAHOO Date: 2023.05.12 SAHOO 10:45:11 +01'00' B.K Sahoo Page 2 of 2